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ashok kumar (Social Worker)     09 December 2012

Is legal notice necessary?

 

Is it necessary to give a Legal Notice before filing a Case in the Court in all matters?

Say For Example In Money Suits? Or Defamation Suits?

Is there any exception to this?

ashokkumar@calibreplacements.com



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 December 2012

In the sais cases it is necessary to issue to the parties.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 December 2012

No a Legal Notice is not necessary in all matters, except as provided by the statute. for eg : a cheque bounce case cause of action arises only after notice is sent and not complied with. Another example would be suits against the state in which notice is required to be given. 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

hari sri chunduru (advocate)     09 December 2012

in recovery of money suits legal notice is a necessary even in defamation case if you give notice it will be a good defence  legal notice is the first step to start with the cause of action

ashok kumar (Social Worker)     09 December 2012

Thanks Shri Bharat Chughji & Sh Hari Sri

To me Bharatji's reply appears logical because i in Special statutes like Negotiable Instruments Act, Rent Control Act, etc a specific provision is made and even teh details are given as to when a Notice is mandatory and inwhat manner should a notice be given!

But the CPC does not mentionany such requirement so legally a Notice should not be mandatory!

Even in CPC where a notice is necessary , it is stated to that effect , as pointed out by Mr Chugh,  in the Section 80 of the CPC. Now the CPC applies to all. Had it been necessary to issue a notice before proceeding for a suit it would have definetly been mentioned in CPC as mentioned in all laws including CPC where notice is necessary!


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